Bharatiya Sahakari Rahethan Mandali Ltd., petitioner herein, was opposite party before the District Forum.

          Case of the respondent/complainant is that the petitioner along with its office bearers floated a scheme Alka puri area of Vaibhav Apartment and represented that the same shall be completed in the year 1991.  Respondent became a member of the society. 

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Respondent no.2 was the president of society and respondent no.3 was the secretary of the petitioner society.  Complainant paid a sum of Rs.10,000/- as deposit and thereafter, paid a sum of Rs.54,500/- (in all, Rs.64,500/-) on different dates.  The construction was to be completed on 01.4.1991.  As the petitioner failed to complete the construction, complainant filed a complaint before the District Forum.

          District Forum allowed the complaint and directed the petitioner as well as respondent no. 2 and 3 to jointly and severely pay to the respondent sum of Rs.64,500/- along with compound interest @ 18%  from the date of filing of the complaint i.e. 14.7.1993 till realization.  Rs.1500/- were awarded by way of compensation and Rs.10,000/- by way of costs. 

          Petitioner being aggrieved filed an appeal before the State Commission which affirmed the order of the District Forum against the petitioner and respondent no. 2, and reduced the rate of interest from 18% to 15%.  The interest payable was made simple instead                 of compound.  State Commission set aside the order regarding

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payment of Rs.15,000/- for mental harassment and Rs.10,000/- as costs and replaced the same by directing to pay a lump sum cost in the sum of Rs.5000/- only.         The impugned order against respondent No. 3 in his individual capacity was also set aside.

          Counsel for the petitioner contends that the complainant was required to make the payment of the balance amount of land and construction within 3 months from the date of Agreement i.e. 28.5.1991.  This submission has not been accepted by the District Forum and the State Commission, and rightly so, keeping in view the relevant clause of the Agreement which has been reproduced by the State Commission in its order.

       “In consideration of having agreed to construct and develop the proposed ad intended dwelling unit allotted to member, the member has agreed to make his contribution to the society for developing his unit as under:

Rate Per    Land                      Construction          Total

Sq. Ft.       Contribution Contribution           Contribution

       ……………………….Rs…………………………………

                 1,83,000/-           1,52,000/-           3,35,000/-

==========================================

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          As per this clause, the respondent was to pay sum of Rs.1,83,000/- towards the price of the land and Rs.1,52,000/- towards the construction cost, the total of which comes to Rs.3,35,000/- which the member was required to make his contribution.   Construction in the manner of installments is as mentioned herein:

         The member has paid Rs.­­____ towards land contribution the receipt of which the society acknowledge herewith and agrees to pay the balance contribution towards land within a period of 3 months from the date of this agreement.

         The member shall make his contribution towards construction in the manner of installments as mentioned hereinbelow:

(a)     On completion of plinth                           Rs.2,55,000/-

(b)     On completion of masonry of slab Rs.45,000/-

(c)     On completion of plaster               Rs.23,000/-

(d)     On finishing                                     Rs.12,000/-

(e)     On Possession                               Rs.

                                                                   ---------------

                                                                   Rs.3,35,000/-

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It is hereby expressly agreed that time for payment/contribution of each of the aforesaid amount of the installments shall be the essence of this agreement.  In the event of member making any default in payment of any one installment mentioned in para (2) hereinabove or any other amount due under this agreement whether formally demanded or not, the said agreement shall stand terminated and/or cancelled and the amount paid hereto shall stand forfeited and member shall be eased to be member of society and shall have no right, interest and title in the plot allotted to him and in which event the society shall be entitled to allot this plot to any other party as the society may determine and the member will have no claim of any nature whatsoever against the society.”

          As per this clause, the respondent was supposed to pay Rs.2,55,000/- on completion of the plinth and thereafter, different amounts after completion of various stages of construction.  Admittedly, the petitioner did not reach the plinth level.  Contention of counsel for the petitioner that the respondent was supposed to make the payment towards cost of land within 3 months from the date of Agreement i.e. 28.5.1991 cannot be accepted.  The District Forum as well as the State Commission have also taken the same view.  We agree with the view taken by the foras below.

          Learned counsel for the petitioner then contended that                 the complaint was liable to be dismissed for misjoinder of parties as    

Gujarat State Textile Corporation Limited, who was the owner of the land, was not made a party respondent. Insofaras the respondent is concerned, his agreement was with the petitioner.  There was no agreement between the respondent and Gujarat State Textile Corporation Limited.  Under the circumstances, it was not necessary for the respondent to implead Gujarat State Textile Corporation Limited as a respndent.  On this point as well, we agree with the view taken by the foras below.

          For the reasons stated above, we agree with the view taken by the foras below.  No merit in the revision petition.  Dismissed.

          Counsel for the petitioner contends that the petitioner had deposited certain amounts with the State Commission and the District Forum which have been withdrawn by the respondent. 

            Petitioner is directed to settle the amount as per directions given by the foras below after adjusting the amount already paid to the respondent.